1) That Clinton appointee knows full well he's not going to the 9th Circuit unless and untill a Democratic administration comes in, since neither Bush nor any of the Republican Candidates want to add to the Liberal Base of the 9th. So he doesn't have much to lose.

2) You and I both know that the 9th Circuit is so far to the left that it makes Hillary look like Jessee Helms, so the Clinton appointee would simply be ruling in such a way as to not be overturned.

3) As for concenting adults, it really depends on what kind of waivers they've signed, doesn't it? I'm sure Max's attorneys worked triple overtime dotting the 'Is" and crossing the "Ts" to make a "Knowing, intelligengt and voluntary" waiver that would pass judicial review.